Division of Employee and Employer Contributions
One common mistake is assuming the whole account is divisible. Not so. In plans like the Early Learning Coalition of Palm Beach County, Inc.. 403(b) Defined Contribution Plan, the participant contributes a portion of their salary, and the employer may match or make additional contributions. However, employer contributions may be subject to vesting rules.
Only fully vested amounts can be divided in a QDRO. Any unvested employer contributions—even if they appear in the account statement—will be forfeited if the employee leaves before vesting. A well-written QDRO will make this clear and avoid awarding the alternate payee benefits that might disappear.

